Falcon Private Bank Ltd v Borry Bernard Edouard Charles Ltd And Another

CourtCourt of Final Appeal (Hong Kong)
Judgment Date02 Jan 2014
Judgement NumberFAMV49/2013
SubjectMiscellaneous Proceedings (Civil)
FAMV49/2013 FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD AND ANOTHER

FAMV No 49 of 2013

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 49 OF 2013(CIVIL)

(ON APPEAL FROM CACV NO 42 OF 2013)

_______________________

BETWEEN

FALCON PRIVATE BANK LIMITED Plaintiff/
Applicant
and
BORRY BERNARD EDOUARD CHARLES LIMITED 1st Defendant/
1st Respondent
BORRY BERNARD EDOUARD CHARLES 2nd Defendant/
2nd Respondent

______________________

Before: Mr Justice Tang PJ in Chambers

Date of Reasons for Decision: 2 January 2014

______________________

REASONS FOR DECISION

______________________

Mr Justice Tang PJ:

1. The plaintiff has applied for leave to appeal from the judgment of the Court of Appeal given on 10 September 2013, whereby it remitted the Discharge and Strike-out Summonses to be heard by a judge of the CFI (“The Order”).

2. No hearing date for the application for leave has been fixed because of commitments of counsel. Meanwhile, the Discharge and Strike-out Summonses have been fixed for hearing before Recorder Houghton on 21-23 January 2014.

3. The plaintiff now applies for a stay of the Order pending the hearing of its application for leave. The plaintiff submitted that the costs of the hearing before Recorder Houghton and any proceedings subsequent to it may be wasted if leave to appeal is granted and the plaintiff’s appeal succeeds. This is not time for a thorough analyses of the likelihood of the plaintiff succeeding eventually. It is sufficient to say that the prospects of any appeal against a finding that a judge ought to have recused himself for apparent bias are unlikely to be overwhelming.

4. In the circumstances, I would not grant a stay.

(Robert Tang)
Permanent Judge


Written submissions by Lipman Karas for the plaintiff/applicant

Written submissions by Stephenson Harwood for the defendants/respondents

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